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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


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LIBRARY 


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JNIVERSITY  CF  CALIFORNIA 
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STATE   OF   OREGON 


SPECIAL    LAWS 


An  Act  to  Incorpokate  the 


CITY   OF  PENDLETON 


ENACTED  KY 


The  Twenty-First  Rej^iilar  Session  of  the  Legislative  Assembly 


1901 


APPROVED    FEBRUARY     1({.     1901 


SAl.KM,   OKKUON 

|\V.   II.    I.EED8,  STATE  1»KINTKH 

1!M)1 


:  £D1    DARVJLL 
jM  &  Raid  Book  Dealer 
I*  McAilwtftr  St. 
of)  f  r<%nci»co,  Cal. 

ITS  A  LAW  BOOK, 

I  CAN  GET  IT. 


STATE   OF   OREGON 


SPECIAL    LAWS 


An  Act  to  Incorporate  the 


CITY   OF   PENDLETON 


ENACTED  BY 


The  Twenty-First  Regular  Session  of  the  Legislative  Assembly 


1901. 


APPROVED  FEBRUARY  IG,  1901 


SAI.E.M,  OUE<;<)N 
W.  ir.  I.KEDS,  STA'IK  IMMNTKK 

l!N)l 


s 

Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/acttoincorporateOOoreg 


SPECIAL    LAWS. 


AX  ACT  (H.  B.  309.) 

To  amend  Section  2  of  Article  I,  Sections  2,  6  and  8  of  Article  II,  Section  11 
of  Article  III,  Section  2  of  Article  VIII,  sections  4  and  5  of  Article  IX, 
the  whole  of  Article  X,  and  Section  5  of  Article  XIII,  of  an  act  to  incor- 
porate the  Cit}'  of  Pendleton,  in  Umatilla  County,  and  to  define  the  powers 
thereof,  and  repeal  an  act  entitled  "An  act  to  incorporate  the  City  of  Pendle- 
ton, in  Umatilla  County,  and  to  define  the  powers  thereof,  and  repeal  an 
act  entitled  'An  act  to  incorporate  the  Town  of  Pendleton,  in  Umatilla 
County,  Oregon.'  approved  October  25,  1880:  and  an  act  entitled  'An  act  to 
incorporate  the  Town  of  Pendleton,  in  Umatilla  County,  and  to  define  the 
powers  thereof,'  approved  February  5,  1885,  and  an  act  entitled  'An  act  to 
incorporate  the  Town  of  Pendleton,  in  Umatilla  County,  and  to  define  the 
powers  thereof,'  approved  February  27,  1887,  filed  in  the  office  of  the  Sec- 
retary of  State,  February  20,  1889."  and  all  acts  amendatory  thereof,  which 
was  approved  by  the  Governor  of  the  State  of  Oregon  on  February  15. 
1899. 

Be  it  enacted  by  the  Legislative  Assembly  of  tlie  State  of  Oregon: 

That  Section  2,  of  Article  1,  of  the  aforesaid  act,  which  was 
approved  February  15,  1899,  ^^^  amended  so  as  to  read  as  follows: 

§  2.  The  boundary  lines  of  the  City  of  Pendleton  shall  be  as 
follows:  Beginning  at  the  southwest  corner  of  the  Reserve  Addi- 
tion to  the  City  of  Pendleton;  thence  northwesterly  along  the 
boundary  line  of  said  Reserve  Addition,  to  the  south  line  of  sec- 
tion ten,  township  two  north,  range  thirty-two  east  of  the  Wil- 
lamette Meridian;  thence  west  to  the  southwest  corner  of  said 
-section  ten;  thence  north  on  west  hue  of  said  section  ten  to  the 
west  boundary  line  of  said  Reserve  Addition;  thence  northwest- 
erly along  said  boundary  line  to  the  northwest  corner  of  said 
Reserve  Addition;  thence  northeasterly  along  the  northern  boun- 
dary line  of  said  Reserve  Addition  to  a  point  on  said  line  seventy- 
six  feet  southwesterly  from  the  northeast  corner  of  block  thirty- 
eight  in  saifl  Reserve  Addition;  thence  north  twenty-four  degrees, 
west  to  the  north  bank  of  the  Umatilla  River;  thence  easterlv 
along  the  north  bank  of  said  Umatilla  River  to  the  west  line  of 
section  ten,  township  two  north,  range  thirty-two  east  of  the  Wil- 
lamette Meridian;  thence  north  along  the  section  line  to  the 
northwest  corner  of  the  southwest  quarter  of  the  southwest  quarter 
of  section  three,  in  townshi])  two  Ufirth,  range  thirty-two  east  of 
the  Willamette  Merirlian;  thence  cast  along  ihe  subdivisional  Hue 
one  and  one-quarter  (i|)  miles  to  the  center  of  the  southwest 
quarter  of  section  two  in  townshi])  two  north,  range  thirty-two 
east  of  the  Willamette  Meridian:  thenci.'  south  along  the  sub- 
divisional  line  to  the  center  of  the  Umatilla  l\i\ci-;  thence  easterlv 


4  SPECIAL    LAWS. 

along  the  center  of  the  Umatilla  River  to  the  subdivisional  line 
running  north  and  south  through  the  centers  of  the  southwest 
quarter  of  section  one  (i),  and  the  northwest  quarter  of  section 
twelve,  in  township  two  north,  range  thirty-two  east  of  the  Wil- 
lamette Meridian;  thence  south  to  the  center  of  the  northwest 
quarter  of  section  twelve,  township  two  north,  range  thirty-two 
east  of  the  Willamette  Meridian;  thence  west  on  the  subdivisional 
line  to  the  south  boundary  line  of  the  Reserve  Addition;  thence 
southwesterly  along  the  south  boundary  line  of  said  Reserve  Addi- 
tion to  the  place  of  beginning. 

That  Section  2,  of  Article  II,  of  the  said  act,  which  was  ap- 
proved February  15,  1899,  be  amended  so  as  to  read  as  follows: 

§  2.  The  City  of  Pendleton  is  hereby  divided  into  four  wards, 
designated  and  bounded  as  follows:  Ward  No.  i  shall  consist  of 
all  that  portion  of  the  city  east  of  the  center  line  of  Vincent 
street,  and  that  portion  of  the  city  on  the  north  side  of  the  Uma- 
tilla River,  lying  east  of  the  line  marked  by  the  center  line  of 
Vincent  Street,  if  the  same  were  continued  to  the  north  limits  of 
the  city.  Ward  No.  2  shall  consist  of  all  that  portion  of  the  city 
north  of  the  center  line  of  Court  Street,  and  of  a  direct  extension 
thereof  to  the  western  boundary  line  of  the  city,  and  west  of  Vin- 
cent Street,  and  west  of  the  first  ward,  on  the  north  side  of  the 
ITmatilla  River.  Ward  No.  3  shall  consist  of  all  that  part  of  the 
city  south  of  Court  Street,  west  of  Vincent  street,  and  east  of 
Willow  Street.  Ward  No.  4  shall  consist  of  all  that  part  of  the 
city  south  of  Ward  No.  2  and  west  of  Willow  Street.  But  the 
common  council  may  by  ordinance  change  the  boundary  limits  of 
any  ward  at  any  time. 

That  Section  6.  of  Article  II,  of  the  said  act,  which  was  ap- 
proved February  15,  1899,  be  amended  so  as  to  read  as  follows: 

§  6.  The  general  election  of  of^cers,  as  in  this  act  provided, 
shall  be  held  on  the  first  Monday  in  December,  1899,  and  the 
general  election  shall  be  held  on  the  first  Monday  in  Decenaber 
biennially  thereafter.  Except  as  in  this  act  specially  provided,  at 
the  general  biennial  election,  there  shall  be  elected  mayor,  treas- 
urer and  four  councilmen,  and  as  many  more  councilmen  as  may 
be  necessary  to  fill  for  the  remainder  of  any  unexpired  term  any 
vacancies  caused  by  death,  resignation,  removal  or  discharge  of 
councilmen;  and  the  ofiice  of  councilman  shall  always  be  filled  so 
that  one  councilman  shall  be  elected  in  each  ward  for  a  full  term 
of  four  years  at  each  regular  l)iennial  election,  as  in  this  act  pro- 
vided. The  common  council  shall,  with  the  consent  of  the  mayor, 
appoint  a  recorder  and  a  marshal,  who  shall  hold  their  respective 


SPECIAL    LAWS.  5 

■offices  during-  the  pleasure  of  the  council,  and  be  subject  to 
removal  from  office  at  any  time  by  its  resolution. 

That  Section  8,  of  Article  II,  of  the  said  act,  which  was  ap- 
proved February  15,  1899,  ^^  amended  so  as  to  read  as  f611ows: 

§  8.  No  person  is  qualified  to  vote  at  any  election  under 
this  act  who  is  not  entitled  to  the  privileges  of  an  elector  accord- 
ing to  the  laws  of  this  state,  who  has  not  resided  in  the  city  for 
ninety  days  preceding  such  election,  and  who  has  not  paid  a 
street  poll  tax  within  the  year  in  which  such  election  is  held. 
Provided,  that  all  persons  who  are  by  this  act,  or  by  the  laws  of 
the  State  of  Oreg"on,  exempt  from  the  payment  of  street  poll  tax, 
if  otherwise  qualified,  may  vote  at  such  elections.  No  person  shall 
vote  at  any  special  election  for  the  purpose  of  determining  any 
assessment  or  tax  unless,  in  addition  to  the  al)ove  requirements,  he 
shall  be  at  the  time  of  voting  the  owner  of  property  withiii  the 
city  of  at  least  the  value  of  $100,  subject  to  taxation,  and  upon 
which  he  actually  pays  a  tax,  and  which  property  was  assessed 
on  the  last  assessment  roll  in  the  name  of  such  voter;  nor  at  any 
special  election  for  the  purpose  of  determining  any  assessment  or 
tax  affecting  real  estate  solely  unless,  in  addition  to  the  above 
requirements,  he  shall,  at  the  time  of  voting,  be  the  owner  of  real 
estate  within  the  limits  of  the  city  which  will  be  affected  by  such 
assessment  or  tax,  and  upon  which  he  actuall}'  pays  a  tax,  and 
which  property  was  assessed  on  the  last  assessment  roll  in  the 
name  of  such  voter.  Provided,  further,  that  women,  having  the 
same  general  and  property  qualifications  as  qualified  voters  of  the 
City  of  Pendleton,  under  the  provisions  of  this  act,  may  have  the 
right  to  vote  at  any  special  election  for  the  purpose  of  determin- 
ing any  assessment  or  tax  aft'ecting  real  estate  only.  No  person 
shall  be  entitled  to  vote  at  any  general  election  in  the  City  of 
Pendleton  who  has  not  within  said  city  registered  his  intention 
to  vote  at  such  election  not  less  than  si.xty  days  nor  more  than 
ninety  days  prior  to  said  election;  and  it  shall  be  the  duty  of  the 
common  council  of  the  City  of  Pendleton  to  ]:)rovide,  and  have 
kept  in  charge  of  the  recorder,  or  such  other  person  or  persons,  to 
be  known  as  registry  clerks,  as  the  city  ordinance  may  deter- 
mine, suitable  books  for  the  registry  of  electors  re(|uired  by  this 
act,  showing  the  name,  age.  occupation  and  residence  within  the 
city  of  each  elector  registering  for  the  purpose  of  voting;  and  no 
person  shall  l)e  permitted  to  register  for  the  ])urpose  of  voting 
unless  he  shall  first  exhibft  to  the  officer  lia\iiig  charge  of  the 
registry  books  satisfactory  ])roof.  by  receij)t  or  otherwise,  of  the 
j)ayment   of  his  street   poll   tax   for  the  year  in    which   the   next 


6  SPECIAL    LAWS. 

election  is  to  be  held;  and  no  person  shall  be  entitled  or  allowed 
to  vote  except  in  the  ward  in  which  his  residence  is  fixed. 

That  Section  ii,  of  Article  III,  of  the  said  act,  which  was  ap- 
proved on  February  15,  1899,  be  amended  so  as  to  read  as  follows: 

§  II.  It  shall  be  the  duty  of  the  street  commissioner  to 
superintend  all  improvements  of  streets,  side  and  crosswalks,  and 
alleys,  and  to  see  that  all  streets,  side  and  crosswalks  of  the  city 
are  kept  clean  and  free  from  obstructions;  he  shall  superintend 
all  public  squares  and  other  public  works  of  the  city,  except  in 
cases  where  the  common  council  may  otherwise  prescribe,  and  he 
shall  do  and  perform  all  such  other  duties  as  may  be  required  of 
him  by  this  act,  the  ordinances  and  regulations  of  the  city,  and  the 
laws  of  this  state. 

That  Section  2,  of  Article  VIII,  of  the  said  act,  which  was 
approved  February  15,  1899,  be  amended  so  as  to  read  as  fohows: 

§  2.     The  common  council  has  power  and  authority: 

1.  To  employ,  hire  and  discharge,  from  time  to  time,  all  such 
agents,  workingmen,  laborers  and  servants  as  it  may  deem  neces- 
sary in  the  conduct  and  management  of  said  sewerage  system. 

2.  To  make  all  needful  rules  and  regulations  for  the  conduct 
and  management  of  the  same  by  the  city  and  inhabitants  thereof. 

3.  To  estabhsh  rules  for  the  use  of  said  sewerage  system,  and 
of  all  sewers  owned  or  controlled  by  the  city  or  inhabitants  thereof, 
and  to  prescribe  the  punishment  for  violating'  the  same. 

4.  To  compel  owners  of  lots  abutting  on  streets  or  alleys 
through  which  any  sewer  runs  to  make  connections  with  the  same. 

5.  To  do  any  act  or  make  any  other  regulations  necessary  and 
convenient  for  the  conduct  of  its  business  and  the  due  execution 
of  the  power  and  authority  given  by  this  act,  and  not  contrary  to 
law. 

That  Section  4  of  Article  IX  of  said  act,  which  was  approved 
February  15,  1899,  ^^^  amended  so  as  to  read  as  follows: 

§  4.  There  shall  be  entered  in  the  said  lien  docket,  in  the 
manner  hereinbefore  provided,  all  judgments  rendered  by  the  cir- 
cuit cout  of  the  State  of  Oregon  for  Umatilla  County,  or  bv  the 
Supreme  Court  of  the  said  state,  in  matters  of  street  assessments 
which  may  be  brought  before  said  courts,  as  soon  thereafter  as 
judgment  shall  be  rendered;  and  all  liens  of  the  city  for  street  or 
sidewalk  improvements  shall  be  entered  in  said  docket  by  order  or 
resolution  of  the  council  as  soon  thereafter  as  the  improvements 
for  which  the  said  city  shall  l)e  entitled  to  a  lien  shall  be  com- 
menced. 

That  Section  5  of  Article  IX  of  the  said  act,  which  was  ap- 


SPECIAL    LAWS.  7 

proved  February  15,  1S99,  be  amended  so  as  to  read  as  follows: 
§  5.  The  City  of  Pendleton  may  proceed  to  foreclose  any 
lien  to  which  it  shall  be  entitled  under  this  act  at  any  time  after 
thirty  days  after  the  same  shall  have  been  entered  in  the  lien 
docket,  as  follows:  It  shall  be  the  duty  of  the  city  attorney,  at 
the  direction  of  the  council,  to  file  with  the  recorder  a  complaint 
setting-  forth  a  description  of  the  lien  and  the  property  in  which 
or  upon  which  the  lien  exists,  and  the  fact  that  it  has  not  been 
]^aid  or  satisfied,  and  the  name  of  the  owner  or  owners  of  the 
property  against  which  said  lien  is  docketed  and  their  successors 
in  interest,  and  persons  having  subsequent  liens  thereon,  if  any. 
which  complaint  shall  be  verified  in  the  manner  in  which  a  com- 
])laint  in  civil  action  is  verified.  It  shall  be  the  duty  of  the  recorder 
thereupon  to  issue  a  citation  to  the  owners  of  said  property  against 
which  said  lien  is  docketed,  and  their  successors  in  interest,  and 
said  lien  holders,  if  any.  to  appear  before  said  recorder  within  ten 
days  after  the  service  of  the  citation,  and  show  cause,  if  any,  why 
said  property  should  not  be  sold  jto  satisfy  said  lien;  and  a  copy  of 
such  complaint  or  statement  shall  be  served  upon  the  person  or 
persons  cited,  ten  days  before  the  time  set  for  hearing,  and  may 
be  served  either  in  the  same  manner  as  a  summons  in  a  civil  action 
is  served,  or  be  deposited  in  the  postoffice,  addressed  to  the  ad- 
dress of  the  person  or  persons  to  whom  the  same  is  directed,  with 
the  postage  fully  prepaid;  and  upon  the  hearing  the  recorder  shall, 
unless  good  cause  is-shown  to  the  contrary,  issue  a  warrant  to  the 
city  marshal  for  the  sale  of  the  property  mentioned  in  such  com- 
plaint and  citation,  for  the  satisfaction  of  said  lien  against  the 
same  and  all  costs;  and  thereupon  it  shall  be  the  duty  of  the  city 
marshal,  on  the  said  warrant,  to  advertise  and  sell  said  property  in 
the  manner  provided  by  the  laws  of  the  State  of  Oregon  for  the 
sale  of  real  estate  on  execution,  to  satisfy  such  lien  and  all  costs, 
and  to  return  such  warrant,  with  his  doings  and  all  moneys  col- 
lected thereupon,  to  the  recorder  of  the  City  of  Pendleton,  whose 
duty  it  shall  be  to  pay  the  same  over  to  the  city  treasurer,  and 
take  his  voucher  therefor. 

That  Article  X  of  said  act,  which  was  approved  Fcln-uary  15. 
1899.  be  amended  so  as  to  read  as  follows: 

ARTICLE  X. 

WATER    WORKS    AND    I.RVER. 

>$    I.      The   iiidihudncss   of  the   city   hereafter   to   l)e   incurred 
shall  nc\cr  t-xcecd  the  sum  of  $10,000.  except  as  (itlurwisc  pro- 


8  SPECIAL    LAWS. 

vided  in  this  charter;  and  the  common  council  shall  provide  for  a 
sinking  fund  to  meet  the  payment  of  existing  indebtedness  of 
the  city,  and  interest  of  levee  and  water  bonds  heretofore  issued 
or  hereafter  to  be  issued. 

§  2.  For  the  purpose  of  maintaining  and  extending  the  levee, 
the  common  council  may  condemn  to  the  use  of  the  city,  in  sucR 
manner  as  may  be  prescribed  by  ordinance,  so  much  land,  stone, 
timber  or  other  material  within  and  beyond  the  limits  of  the  city 
as  may  be  necessary  for  the  keeping  of  the  same  in  repair  or  ex- 
tending the  same;  it  shall  define  the  location  and  termini  thereof; 
may  employ  such  person  or  persons  as  it  may  deem  fit  to  make  sur- 
veys or  estimates  thereof;  may  enter  upon  private  property  for  the 
purpose  of  making  preliminary  surveys  and  observations;  may 
employ  such  superintendent  of  the  work  and  all  matters  con- 
nected therewith  as  it  may  see  fit,  or  let  the  same  by  contract  in 
such  manner  as  may  be  prescribed  by  ordinance. 

§  3.  For  the  purpose  of  maintaining  the  existing  water  works 
und  supplying  the  city  and  its  cemeteries  with  water,  the  water 
commission  hereinafter  provided  for  shall  have  power  to  erect  and 
maintain  works  within  and  without  the  city  limits,  and  may  enter 
upon  and  condemn  to  the  use  of  the  city  so  much  land  within 
and  l^eyond  the  limits  of  the  city  for  the  erection,  maintenance  and 
]M-olection  of  such  works  as  shall  be  necessary  therefor,  or  is  adja- 
cent to  or  drained  by  supply  wells  or  subways,  and  all  land  and 
water  needed  for  reservoirs,  springs,  streams,  trenches,  pipes  and 
drains  as  may  be  necessary  or  desirable  to  be  used  in  connection 
therewith;  and.  for  the  purpose  of  protecting  the  water  from  pollu- 
tion, the  city  shall  have  jurisdiction  over  the  lands  adjacent  to  or 
drained  by  any  wells  or  subways  used  for  supplying  water,  and 
any  stream  which  may  be  the  source  of  supply  above  the  point 
from  which  the  water  is  taken.  The  water  commission  may  em- 
ploy such  person  or  persons  as  it  may  deem  fit  to  make  surveys 
and  estimates  of  such  works;  may  enter  upon  private  property  for 
the  purpose  of  making  preliminary  surveys  and  observations;  may 
employ  such  superintendent  of  the  construction  of  such  works  and 
all  matters  connected  therewith  as  it  may  see  fit,  or  may  let  the 
same  by  contract;  may  control  and  regulate  the  works  and  the  use 
of  the  water  when  such  works  have  been  established,  and  fix  the 
rates  for  the  use  of  said  water,  and  provide  for  the  collection 
thereof. 

jj  4.  By  the  first  day  of  April.  1901,  or  as  soon  thereafter  as 
practicable,  there  shall  be  selected  by  the  common  council  five  (5) 
persons  for  the  purpose  of  maintaining  and  conducting  the  water 


SPECIAL    LAWS.  9 

works  of  the  City  of  Pendleton,  wlio  shall  be  st}-le(l  individually 
''water  commissioners"  and  collectively  "the  water  commission" 
and  are  hereinafter  referred  to  as  "commissioners"  and  "the  com- 
mission," respectively.  And  hereafter  the  power  and  authority 
heretofore  given  to  the  city  to  keep  and  conduct,  extend  and  main- 
tain the  water  works  shall  be  conferred  on  said  commission  by 
the  provisions  of  this  act.  Members  of  the  water  commission 
shall  not  be  entitled  to  receive  any  compensation  for  their  services 
as  such.  They  shall  be  residents  of  the  city  at  least  five  years 
prior  to  their  appointment  or  election,  and  shall  be  real  estate 
owners  in  said  city  and  own  property  of  at  least  v$2,500  assessed 
valuation  in  said  city. 

>$  5.  The  commissioners  shall  be  selected  by  the  common 
council  in  the  first  instance,  for  the  several  terms  of  two,  four,  six, 
eight  and  ten  years,  counting  from  January  i,  1902,  and  thereafter 
the  commissioners  shall  be  elected  by  the  qualified  voters  of  the 
City  of  Pendleton,  one  commissioner  for  the  full  term  of  ten  years 
next  thereafter.  Should  a  vacancy  arise  from  any  cause,  it  shall 
be  filled  by  the  common  council  by  appointment  to  hold  until  the 
first  of  January  following  the  next  general  election.  At  the  next 
general  election  the  legal  voters  of  the  city  shall  elect  a  commis- 
sioner to  fill  out  the  remainder  of  the  term. 

§  6.  Three  commissioners  shall  constitute  a  quorum  for  the 
transaction  of  business.  The  commissioners  shall  first  meet  at  a 
time  and  ])lace  appointed  by  the  council,  and  organize  by  the  selec- 
tion of  a  chairman  and  clerk,  and  thereafter  the  commission  shall 
meet  in  the  city  for  the  transaction  of  business  regularly  once  a 
month,  at  such  time  and  place  as  it  may  provide,  and  otherwise, 
as  often  as  it  may  be  deemed  necessary  and  convenient. 

§  7.  When  the  commission  is  selected  and  organized  as  alx^ve 
provided,  the  council  shall  turn  over  the  water  works  to  it  and 
all  the  property  peicaining  thereto,  including  the  water  rents  from 
January  i,  1901,  less  the  operating  expenses,  together  with  all 
the  l)Ooks,  papers  and  accounts  relating  to  the  construction  and 
maintenance  thereof;  and  the  commission  shall  thereupon  take 
possession  and  charge  of,  manage,  conduct  and  maintain  the  same, 
and  in  so  doing  it  may  alter,  improve  and  extend  such  works  from 
time  to  time,  and  may  purchase,  erect  or  condemn  other  water 
works  and  j)ropcrty  as  the  growth  of  the  city  and  the  wants  and 
con\'enience  of  the  inhabitants  thereof,  in  the  commissioners'  judg- 
ment, re(|uire. 

^  8.  All  monc\-s  collected  or  rcrc'i\'cd  b\'  the  connnission  for 
the  use  and  consiun])tion  of  water,  or  otherwise,  shall  be  <k'])osited 


10  SPECIAL    LAWS. 

with  the  treasurer  of  the  city,  who  shall  give  such  bonds  as  the 
commission  may  require,  in  addition  to  the  bonds  already  required 
by  the  common  council,  who  shall  keep  the  same  separate  and 
apart  from  the  other  funds  of  the  city,  and  pay  it  out  on  the  order 
of  the  chairman  of  the  commission,  countersigned  by  the  clerk 
thereof,  and  to  the  holder  of  any  overdue  interest  coupon  of  the 
water  bonds  upon  the  presentation  and  surrender  thereof,  and  not 
otherwise. 

§  9.  The  commission  has  power  and  authority:  (i)  to  em- 
ploy, hire  and  discharge  from  time  to  time  all  such  agents,  work- 
men, laborers  and  servants  as  it  may  deem  necessary  and  con- 
venient in  the  conduct  and  management  of  said  water  works;  (2) 
to  make  all  necessary  rules  and  regulations  for  the  conduct  and 
management  of  the  same;  (3)  to  establish  rates  for  the  use  and 
consumption  of  the  water  by  the  inhabitants,  as  weh  as  people 
living  in  the  vicinity  but  without  the  city,  and  also  for  cemetery 
purposes;  (4)  to  provide  for  the  payment  of  water  rates  monthly, 
and  to  shut  off.  the  water  from  any  house,  tenement  or  place  for 
which  the  water  rate  is  not  duly  paid,  or  when  any  rule  or  regula- 
tion is  disregarded  or  disobeyed;  (5)  to  provide  for  and  require 
that  any  or  all  water  consumers  shall  put  in  and  furnish  such  water 
meters  as  the  commission  may  designate,  and  the  expense  thereof 
shall  be  borne  by  said  consumers;  (6)  to  charge  the  city  for  fire 
hydrants,  flushing  sewers  and  other  water  used  for  cemetery  and 
other  municipal  purposes,  and  the  said  city  through  its  council 
is  authorized  and  required  to  pay  said  commission  the  aforesaid 
charges  for  all  water  so  used;  (7)  to  do  any  other  act  or  make  any 
other  regulations  necessary  and  convenient  for  the  conduct  of  its 
lousiness  and  the  execution  of  its  power  and  authority  given  it  b^ 
this  act,  and  not  contrary  to  law. 

§  10.  All  water  rents  shall  be  a  charge  upon  and  a  lien  against 
the  real  estate  and  the  property  on  which  the  water  is  used,  whether 
used  by  the  owner,  tenant  or  other  persons,  and  such  liens  shall 
be  docketed  and  foreclosed  as  provided  for  in  other  city  liens. 

§  II.  The  commission  shall  have  the  power  and  authority  to 
issue  water  script  to  an  amount  not  exceeding  fifty  per  cent,  of 
the  cost  of  any  new  work,  either  in  extension  or  l^etterments  of 
the  water  system.  Provided,  that  the  balance  of  the  cost  thereof 
is  already  on  hand  and  applicable  thereto;  such  scrip  shall  bear 
six  per  cent,  interest  per  annum  until  redeemed;  it  is  further  pro- 
vided that  said  water  scrip  outstanding  shall  not  exceed  $5,000. 

§  12.  The  commission  shall  each  year  set  aside  not  less 
than  five  per  cent,   of  the  gross  receipts  of  the  water  rents  as 


SPECIAL    LAWS.  11 

a  sinking  fund;  such  sinking-  fund  shall  be  handled  and  invested 
by  said  commission  and  held  separately,  to  be  used  in  retiring-  the 
water  bonds  heretofore  issued,  at  the  maturity  thereof,  and  shall 
have  authority  to  purchase,  at  not  to  exceed  par,  with  said  sinking- 
fund  any  of  such  bonds  as  can  at  any  time  be  so  purchased. 

§  13.  The  commission  shall  annually,  before  the  first  day  of 
January,  make  a  written  estimate  of  the  probable  expense  of  main- 
taining and  conducting  the  water  works  during  the  ensuing  year, 
and  also  the  cost  of  any  contemplated  alterations,  improvements 
or  extension  thereof,  and  thereupon  ascertain  and  prescribe,  as 
nearly  as  it  conveniently  can,  the  water  rate  for  such  year  which 
would  insure  a  sufficient  income  from  the  sale  of  water  to  pay 
such  expenses  and  costs,  together  with  the  sinking  fund  above 
provided  for  and  one  year's  interest  on  the  bonds  heretofore  issued 
and  outstanding. 

§  14.  The  commission  shall  cause  an  annual  statement  in 
detail  of  its  receipts  and  disbursements  to  be  made  and  signed  by 
its  chairman  and  clerk  and  filed  with  the  city  recorder,  who  shall 
preserve  the  same  among  the  files  of  his  office,  and  he  shall^  cause 
the  same  to  be  published  in  a  daily  paper  of  the  city;  and  the  com- 
mission shall  cause  to  be  made,  filed  and  published  each  year  an 
inventory  or  statement  of  the  property,  implements  and  material 
in  its  possession  or  under  its  control  pertaining  to  the  water  works, 
together  with  the  condition  and  approximate  value  thereof. 

That  Section  5  of  Article  XIII  of  the  said  act,  which  was  ap- 
proved February-  15,  1899,  be  amended  so  as  to  read  as  follows: 

§  5.  No  member  of  the  common  council  shall  during  his 
term  of  of^ce  be  interested  in  any  contract  the  expenses  of  which 
are  to  be  paid  out  of  the  city  treasury,  and  all  jol)s  or  contracts 
for  constructing,  repairing,  improving  or  ornamenting  any  place 
or  object  in  the  city  or  out  of  it  the  expenses  of  which  are  to  be 
]jaid  out  of  the  city  treasury,  and  the  probable  cost  of  which  will 
exceed  $100,  shall  be  let  out  to  the  lowest  responsible  bidder,  and 
done  according  to  specifications  furnished  from  the  proper  oiifice 
or  department  of  the  city  government,  and  which  shall  have  been 
approved  by  the  common  council  and  made  public  at  least  ten 
days  before  the  closing  of  the  bids  for  such  job  or  contract.  Pro- 
vided, the  common  council  shall  have  the  right  to  reject  anv  and 
all  bids. 

Inasmuch  as  it  is  necessary  that  these  amendments  to  the  said 
act.  which  was  approved  February  15,  1899,  should  take  effect 
speedily,  this  act  shall  take  effect  on  and  after  its  approval  by  the 
( jovernor. 

Approved  February  16,  1901. 


'''^  9  -  1931 


ptnn 


^•^M^B^ 


PAMPHJET    BINDER 

Syrocuse,  N.   Y. 

StockJon,  Calif. 


UC  SOUTHERN  Rf  GIONAL  LIBRARY  FACILITY 


AA      000  218  718    5 


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